Eisenbrock v. Eisenbrock
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Harry Eisenbrock, from an order of the Supreme Court, made at the Kings County Special Term and entered in the office of the clerk of the county of Kings on or about the 4th day of February, 1919, as resettled by an order entered on or about the 17th day of February, 1919, awarding to the defendant alimony and a counsel fee.
1Opinion of the Court
Jenks, P. J.:
The adultery charged by the husband is denied under oath, and though he reads affidavits of others that support his charge, the wife is not to be denied alimony pendente lite and counsel fee (Osgood v. Osgood, 2 Paige, 621; Williams v. Williams, 3 Barb. Ch. 629), unless the case thus presented is cogent and convincing to the last degree. We cannot say that the case at bar is within the exception.
The wife’s affidavit is sufficient to justify the conclusion that she is in need of alimony pendente lite and counsel fee. The Special Term allowed $30 a week and a counsel fee of $250.…
2Cases cited1 opinion
- Osgood v. OsgoodNew York Court of Chancery · 1831
3Cited by1 opinion
- Barchoff v. BarchoffAppellate Division of the Supreme Court of the State of New York · 1962